Judges: Sweeney J Citations: [2011] EWHC 175 (QB), [2011] Lloyd’s Rep FC 276 Links: Bailii Statutes: Proceeds of Crime Act 2002 Criminal Practice Updated: 20 September 2022; Ref: scu.444869
The NCA had applied for disclosure in the course of a money laundering investigation. It now appealed from a refusal to extend the order to bank accounts subject to account freezing orders made previously in course of frozen funds investigation by police. Consideration of the meaning and ambit of s.357(2) of the Proceeds of Crime … Continue reading Re National Crime Agency: Admn 12 Feb 2020
Applications were made in relation to payment of legal fees in proceeds of crime recovery proceedings Globe J [2013] EWHC 1480 (QB) Bailii Proceeds of Crime Act 2002 England and Wales Criminal Practice Updated: 31 December 2021; Ref: scu.510164
Civil recovery orders had been made against the applicant. He had been accused and acquitted of drug trafficking allegations in Europe, but the judge had been persuaded that he had no proper explanation for the accumulation of his wealth, and had rejected his evidence as unreliable. Held: The defendant’s appeal failed. The making of an … Continue reading Gale and Another v Serious Organised Crime Agency: SC 26 Oct 2011
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
‘application by the CPS for permission to appeal against . . orders made . . in the Central Criminal Court on 8 May 2012. I use the expression ‘in form’ because as will appear there are issues as to the jurisdiction of the court. The case raises important questions as to the right of a … Continue reading Crown Prosecution Service v The Eastenders Group and Another: CACD 23 Nov 2012
The defendants were accused of using companies as a front for customs fraud. The Customs and Excise sought leave to appeal the terms of a criminal restraint order. Held: The court when making such an order was entitled to take into account the statutory assumptions about the lifestyle of the defendants. The commissioners’ application to … Continue reading In re K and Others (Restraint Order): 1 Mar 2005
References: Times 15-Mar-2005 Coram: Laws, Toulson, Royce JJ Ratio: The defendants were accused of using companies as a front for customs fraud. The Customs and Excise sought leave to appeal the terms of a criminal restraint order. Held: The court when making such an order was entitled to take into account the statutory assumptions about … Continue reading In re K and Others (Restraint Order); 1 Mar 2005
Conviction of two counts of converting criminal property contrary to section 327 of the Proceeds of Crime Act 2002, and to three counts of possession of criminal property contrary to section 329 of the same Act. He was also convicted of one count of engaging in the provision of unlicensed personal credit agreements contrary to … Continue reading Linegar, Regina v: CACD 12 Mar 2009
The defendant was convicted of burglary. He had a previous conviction, within the statutory assumption period of six years, for handling. Both the property stolen in the burglary and the property handled had been recovered intact and restored, undamaged, to the true owners. The defendant had obtained no other benefit from the offences. These two … Continue reading Wilkes, Regina v: CACD 7 Mar 2003
The CPS was asked to provide information about its civil recovery functions under the Proceeds of Crime Act 2002. It refused, citing the exemption at section 35(1)(a) of the Freedom of Information Act 2000. The Commissioner concluded that whilst section 35(1)(a) was engaged by the information, the public interest did not support withholding the information … Continue reading Crown Prosecution Service (Decision Notice): ICO 28 Jun 2010
The defendant appealed against his conviction for money laundering. He had paid through his bank account a sum derived from a fraud. Judges: Aikens LJ, Keith, Thirlwall JJ Citations: [2011] EWCA Crim 767, [2011] Lloyd’s Rep FC 416 Links: Bailii Statutes: Proceeds of Crime Act 2002 328(1) Jurisdiction: England and Wales Crime Updated: 26 September … Continue reading Regina v Long: CACD 15 Mar 2011
Challenge to confiscation order. Judges: Ouseley J Citations: [2011] EWHC 2821 (Admin) Links: Bailii Statutes: Proceeds of Crime Act 2002 6 Jurisdiction: England and Wales Criminal Sentencing Updated: 26 September 2022; Ref: scu.448499
The court considered the circumstances under which it might exercise its jurisdiction to prevent an abuse of process in confiscation proceedings. The circumstances where a confiscation might be oppressive are: ‘where demonstrably (i) the defendant’s crimes are limited to offences causing loss to one or more identifiable loser(s), (ii) his benefit is limited to those … Continue reading Morgan v Regina; Bygrave v Regina: CACD 20 Jun 2008
The defendant appealed from his conviction under section 328. He had been arranging to buy what he admitted he thought may be a stolen car. Held: The parties had nor reached agreement even as to the purchase price, and no further steps had been taken to identify a sub-purchaser. The conviction was quashed. Judges: Bean … Continue reading Dare v Crown Prosecution Service: Admn 13 Jul 2012
The defendant appealed against the making of a confiscation order, saying that the court had erred in the procedure for forfeiting drugs. Held: The appeal failed. The section contained an express prohibition against making both a forfeiture and a confiscation order. However the object of the act should not be frustrated by the erroneous imposition … Continue reading Regina v Donohoe: CACD 28 Jul 2006
The claimants sought very substantial damages against the bank, arising from the bank’s delay in executing four transactions. The defendant said that it suspected that the proposed transactions concerned criminal property and that, in those circumstances, they were not required to comply with the payment instructions. The claimant complained at this point of the redaction … Continue reading Shah and Another v HSBC Private Bank (UK) Ltd: QBD 4 Jul 2011
The defendant had pleaded guilty to concealing criminal property. He was conditionally discharged but also made subject to a confiscation order. He appealed saying that one could not be made if only a conditional discharge was imposed. Held: The defendant’s appeal succeeded. The court examined the history of the conditional discharge provided by counsel, and … Continue reading Clarke v Regina: CACD 12 Jun 2009
Prosecution appeal against confiscation orders imposed against the defendant. Held: The prosecutor’s appeal failed. The phrase ‘proceedings before the crown court’ referred to matters within one indictment, and did not refer to all matters which might be listed against a defendant on the same day.Prosecution appeal against confiscation orders Judges: Lord Justice Pill, Mr Justice … Continue reading Crown Prosecution Service v Moulden: CACD 11 Nov 2008
Judges: Davis LJ , Supperstone J, Judge Zeidman QC Citations: [2015] EWCA Crim 1448, [2015] WLR(D) 302 Links: Bailii, WLRD Statutes: Proceeds of Crime Act 2002 13 Jurisdiction: England and Wales Criminal Sentencing Updated: 14 July 2022; Ref: scu.556383
The court conisdered the effects of the provisions of the 2002 Act to be to ‘force a party in NatWest’s position to report its suspicions to the relevant authorities and not to move suspect funds or property either for seven working days or, if a notice of refusal is sent by the relevant authority, for … Continue reading Squirrell Ltd v National Westminster Bank Plc: ChD 22 Apr 2005
Appeal as to proposed enforcement of domestic confiscation orders. Citations: [2019] EWCA Crim 501 Links: Bailii Statutes: Proceeds of Crime Act 2002, Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 Jurisdiction: England and Wales Criminal Sentencing Updated: 13 June 2022; Ref: scu.634822
It was argued for the defendant that it had been an abuse of process to proceed with a hearing in respect of an application for a confiscation order under the 2002 Act at a time when for chronic illness, he was uable to attend or give instructions. Judges: Gross LJ, Hedley, Nicola Davies JJ Citations: … Continue reading Regina v Bhanji: CACD 13 May 2011
The Respondents applied to strike out the claim under the Act on grounds including that it disclosed no reasonable grounds for bringing the claim and was an abuse of process. Held: The application was refused. Judges: Dobbs J Citations: [2006] EWHC 1906 Statutes: Proceeds of Crime Act 2002 Part 5 Jurisdiction: England and Wales Cited … Continue reading Assets Recovery Agency v Olupitan and Another: 2006
Appeal from sentence of 18 months imprisonment for failing to register with a supervisory body and director disqualification for prejudicing an investigation. Held: 12 months imprisonment and 4 years disqualification substituted. Judges: Mr Justice Calvert-Smith His Honour Judge Stephens QC (Sitting as a Judge of the Court of Appeal Criminal Division) Citations: [2011] EWCA Crim … Continue reading Doshi, Regina v: CACD 22 Jul 2011
The claimant applied for an order vesting in its nominated trustee the ownership of a cash deposit of pounds 4.4 million at the Royal Bank of Scotland in London held in an account for the benefit of the defendant. The claim was made under provisions in the Proceeds of Crime Act 2002 which, in the … Continue reading Serious Fraud Office v Saleh: QBD 22 Mar 2018
The court considered claims beneficial ownership of an interest in funds otherwise made subject to an order under the 2002 Act. Judges: Mann J Citations: [2018] EWHC 565 (Ch) Links: Bailii Statutes: Proceeds of Crime Act 2002 Jurisdiction: England and Wales Taxes Management, Criminal Sentencing Updated: 06 April 2022; Ref: scu.606481
Application by the Defendant in these proceedings, to set aside the property freezing order, on the grounds that the ARA has no good arguable claim to the Property; that the order was obtained by the Claimant in breach of her duty to make full and frank disclosure to the Judge; and that the proceedings are … Continue reading Assets Recovery Agency v Kean: Admn 31 Jan 2007
Each applicant had been subject to confiscation in criminal proceedings relating to drugs offences. They complained that the legislation had reversed the burden of proof. Held: ‘it was not incompatible with the notion of a fair hearing in criminal proceedings to place the onus on each applicant to give a credible account of his current … Continue reading Grayson and Barnham v The United Kingdom: ECHR 23 Sep 2008
The appellant appealed convictions for possession of criminal property contrary to section 329(1)(c) of POCA. The police found him with sums of cash which the prosecution said were the proceeds of crime. After the jury had retired, the jury asked a question whether the regular buying and selling of goods to supplement the household income … Continue reading Gabriel, Regina v: CACD 2 Feb 2006
The noters sought recall of a restraint orde [2010] ScotCS CSOH – 48 Bailii Proceeds of Crime Act 2002 120 Scotland Scotland Updated: 18 December 2021; Ref: scu.406778
The claimant was responsible for recovering money under the 2002 Act, and alleged that the first defendant had been engaged in a mortgage fraud. Held: To succeed in such a claim for recovery the Claimant must prove, ‘on a balance of probabilities’, that the matters alleged to constitute unlawful conduct occurred. The court had a … Continue reading Assets Recovery Agency v Olupitan and Another: QBD 8 Feb 2007
The defendants, scrap metal merchants, appealed against convictions for attemption to deal in stolen metals. The court was asked as to the mental element required for criminal attempt under section 1 of the 1981. The context here was an accusation of concealing, disguising or converting criminal property contrary to s.327(l) of the 2002 Act, under … Continue reading Pace and Another v Regina: CACD 18 Feb 2014
The claimant’s husband had been made subject to a criminal confiscation order in the sum of pounds 5.5 million. She now sought to appeal an action against life policies in which she claimed a 50% interest. Held: Despite the finding that she had some awareness of her husband’s activities, the claimant was entitled to keep … Continue reading Gibson v Revenue and Customs Prosecution Office: CA 12 Jun 2008
The parties had negotiated through solicitors a compromise of ancillary relief claims on their divorce. They agreed that the house should be transferred to the wife in consideration of her release of all other financial claims. The wife however became engaged to a new partner before the consent order was made, and remarried two days … Continue reading Jenkins v Livesey (formerly Jenkins): HL 1985
The defendant appealed against a refusal of judicial review of an order that she forfeit a sum under the 2002 Act. 5,000 pounds in cash had been found at her house in a search for other matters. She had lied to the police about its provenance, but the court had found that there had been … Continue reading Harrison, Regina (on The Application of) v Birmingham Magistrate’s Court and Another: CA 25 Mar 2011
The claimant challenged the legality of a search warrant and the method of its execution on his home. He complained that the police had ensured publicity for the execution of the warrant. Held: The obtaining of a search warrant is never to be treated as a formality. It authorises the invasion of a person’s home. … Continue reading Redknapp and Another v Commissioner of the City of London Police and Another: Admn 23 May 2008
Costs of Wrongly Appointed Receiver ‘The contest in this case is about who should bear the costs and expenses of a receiver appointed under an order which ought not to have been made. The appellant, who is a former partner in a well known firm of accountants, was appointed to act as management receiver of … Continue reading Barnes (As Former Court Appointed Receiver) v The Eastenders Group and Another: SC 8 May 2014
The defendant appealed against an order regarding the remuneration of a receiver appointed to administer a restraint order placed on the assets of the defendant under the 1988 Act on the basis of an allegation that the defendant had been involved in . .
Whether fresh evidence from forensic consultant psychiatrists should be admitted; and if so, whether the fresh evidence shows that the appellant, was not fit to plead when a confiscation order was made pursuant to the provisions of the Proceeds of . .